United States Sixth Circuit

Where defendant was convicted for giving false statements to a federal investigator and leading a cover-up effort in violation of 18 U.S.C. 1001, the district court misapplied the Sentencing Guidelines in deciding that the offense warranted a four-level enhancement under U.S.S.G. section 3B.1.1(a); thus, sentence vacated and remanded for examination of contributions of the defendant and four other individuals to determine whether the combined effort was equal to that of five criminally responsible participants.

Appellate Information

• Argued 10/09/2001
• Decided 02/12/2002
• Published 02/12/2002

Judges

• Before JONES and MOORE, Circuit Judges;  HAYNES, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Stephen B. Shankman (argued and briefed), Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant.


• For Appellees:
  
• Patrick Jasperse (argued and briefed), Steven N. Gersten (briefed), Mary Beth Schultz (briefed), United States Department of Justice, Office of Consumer Litigation, Washington, DC, Carroll L. Andre, III (briefed), Asst. U.S. Attorney, Memphis, TN, for Appellee.